Under Article 181, if a person deliberately discharges leftovers or waste into the
ground, water or air, contrary to the technical procedure determined in the relevant
laws and in such a way as to cause environmental damage, he or she is liable to be
punished by imprisonment of between six months and two years. Smuggling leftovers or waste into the country is punished by imprisonment of between one and
three years. In its third and fourth paragraphs, the aggravating grounds concerning
the crime are also identified in detail. According to them, the term of imprisonment
is increased if such waste causes permanent adverse effects on the soil, water or air,
serious illness in human beings or animals, reduces the reproductivity of living
beings, or changes the natural characteristics of flora and fauna. The final paragraph
indicates that, due to the acts mentioned in the first and second paragraphs of the
article, special security precautions are applied to legal entities in line with Article
20, Criminal Code, involving the principle of the individuality of criminal liability
and stressing that no punitive sanctions may be imposed on the legal entities, except
sanctions in the form of security precautions stipulated under the law (see Art. 60,
Criminal Code for the details of security precautions for legal entities).
If the person acts negligently when committing the acts mentioned in the first
paragraph, he or she is punished by a judicial fine, unless the leftovers or waste
indelibly affect the ground, water or air. If they have an indelible effect, he or she is
punished by imprisonment of two months to one year. If they cause incurable
diseases in human beings or animals, or have a detrimental effect on fertility, or
change the natural characteristics of animals and plants, the term of imprisonment is
increased to one to five years.
Under Article 184, crimes resulting from pollution caused by construction are
revealed by the penalties specified for these crimes. Accordingly, if a person
constructs a building – or lets it be constructed – without obtaining a construction
permit or contrary to the permit, he or she can be imprisoned for one to five years.
Allowing electricity, water or phone lines to be installed on premises initiated
without a construction permit is also punishable by imprisonment lasting one to five
years.
The performance of any kind of industrial activity in buildings which do not
have an occupancy permit is also prohibited by the article. Anyone violating it is
sentenced to imprisonment of two to five years.
The other environmental crime regulated under the Code is causing noise (Art.
183). In line with the Environment Act (Art. 14), stipulating that it is forbidden to
create noise and vibration above the standards specified in the relevant regulations
in such a way as to destroy the tranquillity and peace, or the physical and mental
health of individuals, anyone causing noise which results in the deterioration of any
other person’s health is punished with imprisonment lasting two months to two
years or with a judicial fine (see also Art. 36, Misdemeanours Act for administrative
fines for the crime of causing noise, and the related Circular (2006/10) on administrative fines). In addition, in accordance with the standards set out in the
By-Law on the Assessment and Management of Environmental Noise, necessary
measures should be taken by the activity holders to minimize the noise and
3 Drawing a General Framework for Turkish Environmental Law
43
ground, water or air, contrary to the technical procedure determined in the relevant
laws and in such a way as to cause environmental damage, he or she is liable to be
punished by imprisonment of between six months and two years. Smuggling leftovers or waste into the country is punished by imprisonment of between one and
three years. In its third and fourth paragraphs, the aggravating grounds concerning
the crime are also identified in detail. According to them, the term of imprisonment
is increased if such waste causes permanent adverse effects on the soil, water or air,
serious illness in human beings or animals, reduces the reproductivity of living
beings, or changes the natural characteristics of flora and fauna. The final paragraph
indicates that, due to the acts mentioned in the first and second paragraphs of the
article, special security precautions are applied to legal entities in line with Article
20, Criminal Code, involving the principle of the individuality of criminal liability
and stressing that no punitive sanctions may be imposed on the legal entities, except
sanctions in the form of security precautions stipulated under the law (see Art. 60,
Criminal Code for the details of security precautions for legal entities).
If the person acts negligently when committing the acts mentioned in the first
paragraph, he or she is punished by a judicial fine, unless the leftovers or waste
indelibly affect the ground, water or air. If they have an indelible effect, he or she is
punished by imprisonment of two months to one year. If they cause incurable
diseases in human beings or animals, or have a detrimental effect on fertility, or
change the natural characteristics of animals and plants, the term of imprisonment is
increased to one to five years.
Under Article 184, crimes resulting from pollution caused by construction are
revealed by the penalties specified for these crimes. Accordingly, if a person
constructs a building – or lets it be constructed – without obtaining a construction
permit or contrary to the permit, he or she can be imprisoned for one to five years.
Allowing electricity, water or phone lines to be installed on premises initiated
without a construction permit is also punishable by imprisonment lasting one to five
years.
The performance of any kind of industrial activity in buildings which do not
have an occupancy permit is also prohibited by the article. Anyone violating it is
sentenced to imprisonment of two to five years.
The other environmental crime regulated under the Code is causing noise (Art.
183). In line with the Environment Act (Art. 14), stipulating that it is forbidden to
create noise and vibration above the standards specified in the relevant regulations
in such a way as to destroy the tranquillity and peace, or the physical and mental
health of individuals, anyone causing noise which results in the deterioration of any
other person’s health is punished with imprisonment lasting two months to two
years or with a judicial fine (see also Art. 36, Misdemeanours Act for administrative
fines for the crime of causing noise, and the related Circular (2006/10) on administrative fines). In addition, in accordance with the standards set out in the
By-Law on the Assessment and Management of Environmental Noise, necessary
measures should be taken by the activity holders to minimize the noise and
3 Drawing a General Framework for Turkish Environmental Law
43